The Welfare of Animals (Slaughter or Killing) Regulations 1995

Statutory Instruments

1995 No. 731

ANIMALS

PREVENTION OF CRUELTY

The Welfare of Animals (Slaughter or Killing) Regulations 1995

Made

14th March 1995

Laid before Parliament

14th March 1995

Coming into force

1st April 1995

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations

PART I INTRODUCTORY

Title, commencement and extent

1.—(1) These Regulations may be cited as the Welfare of Animals (Slaughter or Killing) Regulations 1995 and shall come into force on 1st April 1995.

(2) Subject to paragraph (3) below, these Regulations extend to Great Britain.

(3) Paragraph 2(3) and (4) of Schedule 6 extends to England and Wales.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“animal” includes bird;

“adverse weather condition” means any weather condition, including direct sunlight, which has an adverse affect on the welfare of an animal;

“authorised person” means any person authorised in writing by the Minister for the purposes of these Regulations;

“commercial”, in relation to the slaughter or killing of an animal, means slaughter or killing—

(a)

in the course or furtherance of a business or for reward;

(b)

by, or on behalf of, the purchaser of an animal on premises belonging to, occupied by or under the control of the seller of the animal; or

(c)

in a market place;

“container” means any transport crate in which an animal is delivered to a slaughterhouse or knacker’s yard;

“contravention”, in relation to any provision of these Regulations, includes a failure to comply with that provision, and “contravenes” shall be construed accordingly;

“horse” includes any hinny, ass or mule;

“killing”, in relation to an animal, means causing the death of the animal by any process other than slaughter;

“knacker’s yard” means any premises used for the commercial slaughter or killing of solipeds, ruminants, pigs, rabbits or birds, the flesh of which is not intended for human consumption, including any associated facilities for moving or lairaging such animals;

“lairaging”, in relation to an animal, means keeping the animal in a stall, pen, covered area or field used by a slaughterhouse or knacker’s yard in order to confine it until it is slaughtered or killed or to give it any necessary attention before it is slaughtered or killed;

“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State;

“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly;

“movement”, in relation to an animal, means unloading it or driving it from an unloading place, stall or pen at a slaughterhouse or knacker’s yard to the premises or place where it is to be lairaged, slaughtered or killed;

“pithing”, in relation to an animal, means the destruction of its brain tissue after stunning to the extent that irreversible loss of consciousness is ensured;

“restraining pen” means a pen or compartment which is—

(a)

suitable for restraining for slaughter by a religious method (as defined in paragraph 2 of Schedule 12) in an upright position any ox, bullock, cow, heifer or steer or any calf which is too large to be restrained manually on a cradle or on a table;

(b)

constructed so as to permit one animal at a time to be confined in it without discomfort and so as to prevent any substantial movement of the animal forwards, backwards or sideways once it has been placed in position for slaughter; and

(c)

approved by the Minister under paragraph 3 of Schedule 12;

“restraint”, in relation to an animal, means the application of any procedure designed to restrict its movements in order to facilitate effective stunning or killing;

“slaughter”, in relation to an animal, means causing the death of the animal by bleeding;

“slaughterhouse” means any premises used for the commercial slaughter or killing of solipeds, ruminants, pigs, rabbits or birds the flesh of which is intended for human consumption, including any associated facilities for moving or lairaging such animals;

“stunning”, in relation to an animal, means any process which causes immediate loss of consciousness which lasts until death;

“stunning pen” means a pen or compartment which is suitable for confining adult bovine animals while they are being stunned and which is so constructed that it—

(a)

permits one animal at a time to be confined in it without discomfort;

(b)

prevents any substantial movement forwards, backwards or sideways of an animal confined in it;

(c)

restricts the movement of the head of any animal confined in it without causing the animal any avoidable excitement so as to permit accurate stunning and allows the head of the animal to be released immediately after the animal has been stunned; and

(d)

allows unimpeded access to the forehead of the animal confined in it;

“wild game” means wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game) and wild birds.

(2) For the purposes of these Regulations, a person permits any act or omission if he knows of, or might reasonably be expected to know of, that act or omission.

(3) Any reference in these Regulations to a numbered regulation or Schedule shall, except where the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(4) Any provision in these Regulations which applies to an animal awaiting slaughter or killing applies until that animal is dead.

Application and exemptions

3.—(1) These Regulations apply to the movement, lairaging, restraint, stunning, slaughter and killing of animals bred or kept for the production of meat, skin, fur or other products, to methods of killing animals for the purpose of disease control and to the killing of surplus chicks and embryos in hatchery waste.

(2) These Regulations do not apply to any act lawfully done under the Animals (Scientific Procedures) Act 1986(3).

(3) These Regulations do not apply to any animal which is killed during a sporting event.

(4) These Regulations do not apply to the killing of wild game.

Humane treatment of animals

4.—(1) No person engaged in the movement, lairaging, restraint, stunning, slaughter or killing of animals shall—

(a) cause any avoidable excitement, pain or suffering to any animal; or

(b) permit any animal to sustain any avoidable excitement, pain or suffering.

(2) Without prejudice to paragraph (3) below, no person shall engage in the movement, lairaging, restraint, stunning, slaughter or killing of any animal unless he has the knowledge and skill necessary to perform those tasks humanely and efficiently in accordance with these Regulations.

(3) Schedule 1 shall have effect in relation to the licensing of slaughtermen.

(4) Parts II and III below are without prejudice to the generality of paragraphs (1) and (2) above.

Safeguarding the welfare of animals

5.  The occupier of a slaughterhouse or knacker’s yard shall ensure that at all times when there are live animals on the premises a person (whether or not himself) is available who is competent, and who has authority to take whatever action may be necessary to safeguard the welfare of the animals in accordance with these Regulations.

Animal welfare legislation and codes

6.—(1) The occupier of a slaughterhouse or knacker’s yard shall ensure that any person who is involved in any of the activities governed by these Regulations—

(a) is acquainted with the provisions of the legislation, and of any welfare codes, relevant to the operations that that person carries out;

(b) has access to a copy of any such welfare code at the slaughterhouse or knacker’s yard;

(c) has received instruction and guidance on the requirements of such legislation and any such welfare code; and

(d) where, by virtue of paragraph 3 of Schedule 1, any such activity requires a licence, has the appropriate licence.

(2) In this regulation “welfare code” means any current code issued under regulation 7.

Codes of practice

7.—(1) The Ministers may from time to time, after consultation with such organisations as appear to them to represent the interests concerned—

(a) prepare and issue codes of practice for the purpose of providing guidance in respect of these Regulations; and

(b) revise any such code by revoking, varying, amending or adding to the provisions of the code.

(2) A code prepared in pursuance of this regulation and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament, and the Ministers shall not issue the code or revised code, as the case may be, until after the end of a period of 40 days beginning on the day on which the code or the proposed alterations to it were so laid.

(3) If, within the period mentioned in paragraph (2) above, either House resolves that the code be not issued or the proposed alterations be not made, the Ministers shall not issue the code or revised code (without prejudice to their power under that paragraph to lay further codes or proposed alterations before Parliament).

(4) For the purposes of paragraph (2) above—

(a) where a code or proposed alterations are laid before each House of Parliament on different days, the later day shall be taken as the day on which the code or the proposed alterations, as the case may be, was or were laid before both Houses of Parliament; and

(b) in reckoning any period of 40 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) The Ministers shall cause any code issued or revised under this regulation to be printed and distributed, and may make such arrangements as they think fit for its distribution, including causing copies of it to be put on sale to the public at such reasonable price as the Ministers may determine.

(6) A failure on the part of any person to follow any guidance contained in a code issued under this regulation shall not of itself render that person liable to proceedings of any kind.

(7) If, in proceedings against any person for an offence consisting of the contravention of any provision of these Regulations, it is shown that, at any material time, he failed to follow any guidance contained in a code issued under this regulation, being guidance which was relevant to the provision concerned, that failure may be relied upon by the prosecution as tending to establish his guilt.

PART II REQUIREMENTS APPLICABLE TO SLAUGHTERHOUSES AND KNACKERS' YARDS

Construction, equipment and maintenance of slaughterhouses and knackers' yards

8.  Schedule 2 shall have effect in relation to the construction, equipment and maintenance of slaughterhouses and knackers' yards.

The slaughter of animals in slaughterhouses and knackers' yards

9.  Where any soliped, ruminant, pig, rabbit or bird is brought into a slaughterhouse or knacker’s yard for slaughter, that animal shall be—

(a) moved and lairaged in accordance with Schedule 3;

(b) restrained in accordance with Schedule 4;

(c) subject to regulation 22, stunned before slaughter in accordance with Parts I and II of Schedule 5; and

(d) bled or pithed in accordance with Schedule 6.

The killing of animals in slaughterhouses and knackers' yards

10.  Where any soliped, ruminant, pig, rabbit or bird is brought into a slaughterhouse or knacker’s yard for killing, that animal shall be—

(a) moved and lairaged in accordance with Schedule 3;

(b) restrained in accordance with Schedule 4; and

(c) subject to regulation 11, killed in accordance with Parts I and III of Schedule 5.

The killing of pigs and birds by exposure to gas mixtures

11.  Schedule 7 shall have effect in relation to the killing of pigs and birds by exposure to gas mixtures.

Additional provisions for the slaughter or killing of horses

12.  Without prejudice to regulations 9 and 10, Schedule 8 shall have effect in relation to the slaughter or killing of horses.

PART III SLAUGHTER OR KILLING ELSEWHERE THAN IN SLAUGHTERHOUSES OR KNACKERS' YARDS

Application of Part III

13.—(1) This Part applies to the slaughter or killing of animals elsewhere than in a slaughterhouse or knacker’s yard.

(2) This Part does not apply in the case of any animal which has to be killed immediately for emergency reasons relating to the welfare of that animal.

The slaughter of animals elsewhere than in a slaughterhouse or knacker’s yard

14.  Subject to regulations 16 and 17, where any soliped, ruminant, pig, rabbit or bird is slaughtered elsewhere than in a slaughterhouse or knacker’s yard, that animal shall be—

(a) restrained in accordance with Schedule 4;

(b) subject to regulation 22, stunned before slaughter in accordance with Parts I and II of Schedule 5; and

(c) bled or pithed in accordance with Schedule 6.

The killing of animals elsewhere than in a slaughterhouse or knacker’s yard

15.  Subject to regulations 16 to 19, where any soliped, ruminant, pig, rabbit or bird is killed elsewhere than in a slaughterhouse or knacker’s yard, that animal shall be killed in accordance with Parts I and III of Schedule 5.

The slaughter or killing of animals elsewhere than in a slaughterhouse or knacker’s yard for private consumption

16.  Regulations 14 and 15 shall not apply in respect of any bird, rabbit, pig, sheep or goat which is slaughtered or killed by its owner for his private consumption, provided that—

(a) regulation 4(1) is complied with; and

(b) any such animal that is slaughtered is stunned before slaughter in accordance with Parts I and II of Schedule 5.

The slaughter or killing of animals for the purpose of disease control

17.  The slaughter or killing of any animal for the purpose of disease control shall be in accordance with Schedule 9.

The killing of fox and mink which are farmed for their fur

18.  The killing of any fox or mink which is farmed for its fur shall be in accordance with Schedule 10.

The killing of surplus chicks and embryos in hatchery waste

19.  The killing of any surplus chicks which are less than 72 hours old and embryos in hatchery waste shall be as rapid as possible in accordance with Schedule 11.

Birds awaiting slaughter at place of purchase

20.  The occupier or person in charge of any premises at which birds are offered or exposed for sale prior to being slaughtered there shall ensure that, on arrival at the premises, the birds are forthwith—

(a) placed in accommodation in which they are able, without difficulty, to stand upright, turn around and stretch their wings; and

(b) provided with a sufficient supply of wholesome food and clean drinking water.

PART IV SLAUGHTER BY A RELIGIOUS METHOD

Additional requirements relating to slaughter by a religious method

21.  Schedule 12 shall have effect in relation to the slaughter of any animal by a religious method.

Exemption for slaughter by a religious method

22.  Schedule 5 (which relates to the stunning and killing of animals) shall not apply to any animal which is slaughtered in accordance with Schedule 12 (which relates to slaughter by a religious method).

PART V EXECUTION, OFFENCES AND PENALTIES

Powers of authorised persons

23.—(1) An authorised person, upon producing, if required to do so, some duly authenticated document showing his authority, may at any time enter—

(a) any slaughterhouse or knacker’s yard; or

(b) any land or premises, other than premises used wholly or mainly as a dwelling, where he reasonably suspects that any activity which is governed by these Regulations is, or has been, carried on,

for the purpose of ascertaining whether there is or has been any contravention of these Regulations.

(2) An authorised person shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.

(3) Without prejudice to the generality of paragraph (2) above, an authorised person may in particular, where he has a reasonable suspicion that there is or has been a contravention of these Regulations—

(a) take samples (and, if necessary, send the samples for laboratory testing) from any animal, carcase or part of a carcase;

(b) take away any carcase or part of a carcase (and, if necessary, send it for laboratory testing);

(c) require the production of any relevant record or document;

(d) inspect any relevant record or document;

(e) take copies of any relevant record or document; and

(f) take away any relevant record or document.

(4) An authorised person may take with him into the slaughterhouse or knacker’s yard or onto the premises or land such other persons as he considers necessary, including a representative of the European Commission acting for the purposes of Article 14 of Council Directive 93/119/EC on the protection of animals at the time of slaughter or killing(4).

Obstruction

24.—(1) No person shall—

(a) intentionally obstruct any person acting in the execution of these Regulations;

(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or

(c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.

(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Offences by bodies corporate

25.—(1) Where a body corporate is guilty of an offence under these Regulations and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Offences and penalties

26.—(1) Any person who contravenes any provision of these Regulations shall be guilty of an offence.

(2) Any person guilty of an offence by virtue of regulation 4(2) or (3) or 24(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person guilty of an offence by virtue of regulation 24(1)(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or both.

(5) Paragraph (1) above shall not apply to anything done or omitted by the Minister or an authorised veterinary surgeon in exercise of functions conferred by these Regulations.

Defence

27.  A person who contravenes any provision in these Regulations shall not be guilty of an offence in respect of such contravention if he proves that by reason of accident or other emergency the contravention was necessary for preventing injury or suffering to any person or animal.

PART VI REPEALS, REVOCATIONS AND AMENDMENTS

Repeals, revocations and amendments

28.—(1) The enactments mentioned in columns 1 and 2 of Schedule 13 are hereby repealed to the extent specified in column 3 of that Schedule.

(2) The enactments and regulations mentioned in Schedule 14 to these Regulations shall have effect subject to the amendments there specified.

(3) The regulations mentioned in columns 1 and 2 of Schedule 15 are hereby revoked.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

14th March 1995

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

14th March 1995

Regulation 4(3)

SCHEDULE 1 THE LICENSING OF SLAUGHTERMEN

Scope of this Schedule

1.  The requirements of this Schedule shall not apply to any person who—

(a) for emergency reasons relating to the welfare of any animal has to slaughter or kill that animal immediately;

(b) slaughters or kills any animal elsewhere than in a slaughterhouse or knacker’s yard, provided that he is the owner of the animal and the slaughter or killing is for his private consumption;

(c) slaughters or kills any animal other than for a commercial purpose;

(d) kills by means of a free bullet any animal in the field;

(e) kills a bird by means of dislocation of the neck or decapitation on premises forming part of an agricultural holding on which the bird was reared;

(f) kills any animal for the purpose of disease control in accordance with Schedule 9;

(g) kills any fox or mink in accordance with Schedule 10;

(h) kills surplus chicks or embryos in hatchery waste in accordance with Schedule 11;

(i) operates any automatic equipment used to stun, slaughter or kill any animal without performing any of the operations specified in paragraph 3 below;

(j) shackles birds before stunning or killing; or

(k) is a veterinary surgeon acting in the exercise of his profession or a person acting under the direction of a veterinary surgeon so acting.

The licensing of slaughtermen

2.  No person shall carry out any of the operations specified in paragraph 3 below except—

(a) under and in accordance with the terms of a licence granted and registered under paragraph 5 below;

(b) under and in accordance with the terms of a licence issued by a local authority under the Slaughter of Poultry Act 1967 (“the 1967 Act”)(5), the Slaughterhouses Act 1974 (“the 1974 Act”)(6), the Slaughter of Animals (Scotland) Act 1980 (“the 1980 Act”)(7) or any regulations made under any of those Acts; or

(c) under and in accordance with the terms of a provisional licence granted under paragraph 7 below.

Operations which require a licence

3.  The operations mentioned in paragraph 2 above for which a licence is required are any of the following—

(a) the restraint of any animal for the purpose of stunning, slaughtering or killing that animal;

(b) the stunning of any animal;

(c) the slaughter of any animal;

(d) the killing of any animal;

(e) the pithing of any stunned animal;

(f) the assessment of effective stunning, pithing or killing of any animal by any person whose duty it is to make such an assessment;

(g) the shackling or hoisting of any stunned animal; and

(h) the bleeding of any animal which is not dead.

Certificates of competence

4.—(1) In this Schedule “certificate of competence” means—

(a) a certificate issued under sub-paragraph (2) below by a veterinary surgeon authorised for the purpose by the Minister (“an authorised veterinary surgeon”);

(b) a certificate issued by a veterinary surgeon which accompanied an application for a licence under the Slaughter of Poultry (Licences and Specified Qualifications) Regulations 1991 (“the 1991 Regulations”)(8) in accordance with Regulation 5(1)(a)(i) and Schedule 1 thereto; or

(c) a licence granted to the applicant for the purpose of slaughtering animals by the Jewish method by the Rabbinical Commission (referred to in Part IV of Schedule 12) in England and Wales or by the Chief Rabbi in Scotland.

(2) An authorised veterinary surgeon shall issue a certificate of competence if—

(a) having assessed the applicant, the authorised veterinary surgeon is of the opinion that the applicant—

(i) is competent to carry out all the operations mentioned in paragraph 3 above in respect of which he is applying for a certificate without causing avoidable pain, excitement or suffering to any animal; and

(ii) has sufficient knowledge of the provisions of all the relevant legislation and of any relevant current code issued under regulation 7 relating to the operations in respect of which he is applying for a certificate;

(b) the applicant is, in the opinion of the authorised veterinary surgeon, a fit and proper person to hold a certificate; and

(c) the applicant is not below the age of 18.

(3) Any person applying for a certificate of competence who has been convicted of any offence mentioned in paragraph 8(b) below shall give to the authorised veterinary surgeon written details of any such conviction.

(4) Any certificate of competence issued under sub-paragraph (2) above shall specify the matters which it covers, namely—

(a) the relevant operations mentioned in paragraph 3 above;

(b) the relevant species of animals; and

(c) the relevant equipment or instruments.

The grant and registration of licences

5.—(1) Where the Minister receives a certificate of competence for registration, together with the appropriate fees, he shall grant and register a licence (hereinafter referred to as “a registered licence”) if—

(a) in his opinion the applicant is a fit and proper person to hold a licence; and

(b) the applicant provides any information required in sub-paragraph (2) below.

(2) Any person applying to the Minister for a registered licence shall give written details if—

(a) he has been refused by any local authority (and if so by which) a licence to slaughter animals under the 1967 Act, the 1974 Act, the 1980 Act or any regulations made under any of those Acts;

(b) he has had any such licence revoked or suspended by any local authority (and if so by which); or

(c) he has been convicted of any offence mentioned in paragraph 8(b) below.

(3) Any licence granted and registered under sub-paragraph (1) above shall specify the matters which it covers, namely—

(a) the relevant operations mentioned in paragraph 3 above;

(b) the relevant species of animals; and

(c) the relevant equipment or instruments.

(4) Any registered licence which is granted under sub-paragraph (1) above shall be valid throughout Great Britain and shall remain in force until any such time as it may be revoked or suspended by the Minister.

Modification of registered licences

6.—(1) Any holder of a registered licence who wishes it to be modified in respect of any of the matters set out in sub-paragraph 5(3) above shall first obtain a provisional licence in respect of those modifications.

(2) A certificate of competence in respect of any modifications shall be obtained in accordance with paragraph 4 above and sent to the Minister in accordance with paragraph 5 above before a registered licence to cover those modifications can be granted.

Grant of provisional licences

7.—(1) An authorised veterinary surgeon shall grant a provisional licence to any applicant who—

(a) is, in the opinion of the authorised veterinary surgeon, a fit and proper person to hold a provisional licence;

(b) is not below the age of 18; and

(c) provides any information required by sub-paragraph (2) below.

(2) Any person applying to an authorised veterinary surgeon for a provisional licence shall give written details if—

(a) he has been refused by any local authority (and if so by which) a licence to slaughter animals under the 1967 Act, the 1974 Act, the 1980 Act or any regulations made under any of those Acts;

(b) he has had any such licence revoked or suspended by any local authority (and if so by which);

(c) he has had any licence issued under these regulations revoked or suspended by the Minister; or

(d) he has been convicted of any offence mentioned in paragraph 8(b) below.

(3) Any provisional licence granted in accordance with sub-paragraph (1) above shall specify the matters which it covers, namely—

(a) the relevant operations mentioned in paragraph 3 above;

(b) the relevant species of animals; and

(c) the relevant equipment or instruments.

(4) A provisional licence shall authorise a person to carry out the matters which it covers only in the presence of, and in accordance with any directions given by, a person who is—

(a) a veterinary surgeon;

(b) the holder of a registered licence granted in accordance with sub-paragraph 5(1) above and covering the same matters as the provisional licence; or

(c) the holder of a licence issued by a local authority under the 1967 Act, the 1974 Act, the 1980 Act or any regulations made under any of those Acts.

(5) Any provisional licence granted under sub-paragraph (1) above shall remain in force for such period not exceeding three months as may be specified in the provisional licence and may be renewed at the discretion of an authorised veterinary surgeon.

(6) Any provisional licence granted under sub-paragraph (1) above shall be valid throughout Great Britain.

Refusal of a provisional licence, a certificate of competence or a registered licence

8.  An authorised veterinary surgeon may refuse to issue a certificate of competence or refuse to grant a provisional licence and the Minister may refuse to grant a registered licence if the applicant—

(a) has failed to comply with—

(i) any condition of any licence previously granted to him under these Regulations; or

(ii) any condition of any licence to slaughter animals previously granted to him by a local authority under the 1967 Act, the 1974 Act, the 1980 Act or any regulations made under any of those Acts; or

(b) has been convicted of an offence under—

(i) these Regulations;

(ii) the 1967 Act or any regulations made under it;

(iii) the 1974 Act or any regulations made under it;

(iv) the 1980 Act or any regulations made under it;

(v) the Protection of Animals Acts 1911 to 1964(9);

(vi) the Protection of Animals (Scotland) Acts 1912 to 1964(9);

(vii) any order made under the Animal Health Act 1981(10) regulating the transport of animals;

(viii) Part I of the Agriculture (Miscellaneous Provisions) Act 1968(11) or any regulations or order made under it; or

(ix) any other provision concerning the welfare of animals.

Suspension and revocation of licences

9.—(1) The Minister may suspend or revoke a registered licence granted under these Regulations or any licence granted by a local authority under the 1967 Act, the 1974 Act, the 1980 Act or any regulations made under any of those Acts, and an authorised veterinary surgeon may revoke any provisional licence, if—

(a) he is satisfied that the holder of the licence is no longer a fit and proper person to hold it;

(b) he is satisfied that the holder of the licence is not, or is no longer, competent to carry out the operations which the licence authorises;

(c) the holder has failed to comply with—

(i) any condition of the licence granted to him under these regulations; or

(ii) any condition of a licence previously granted to him by a local authority under the 1967 Act, the 1974 Act, the 1980 Act or any regulations made under any of those Acts; or

(d) the holder has been convicted of an offence under any of the provisions set out in paragraph 8(b) above.

(2) An authorised veterinary surgeon may grant a provisional licence under paragraph 7(1) above to any person whose registered licence has been suspended or revoked.

Fees

10.  The Minister may charge an applicant for, or a holder of, a certificate of competence or a licence (as the case may be) such reasonable fees as he may determine in respect of—

(a) the assessment of the competence of any person who applies for a certificate of competence;

(b) any assessment of the competence of any person who applies for a modification of his licence; and

(c) the issue and the registration of the licence.

Appeals system

11.—(1) Where the Minister or the authorised veterinary surgeon (as the case may be)—

(a) refuses to issue a certificate of competence;

(b) refuses to grant a registered licence;

(c) refuses to modify a registered licence;

(d) refuses to grant a provisional licence;

(e) suspends a registered licence;

(f) revokes a provisional licence; or

(g) revokes a registered licence,

he shall, as soon as reasonably practicable, give to the applicant or holder of the licence (as the case may be) a notice in writing of the reasons for the refusal, suspension or revocation (hereinafter referred to as “a notice”).

(2) Any person to whom a notice is given shall have a right to make written representations to the Minister or to the authorised veterinary surgeon and to be heard by an independent person appointed by the Minister.

(3) The notice shall inform the person to whom it is given—

(a) of his right to make representations in writing;

(b) of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made;

(c) of his right to be heard; and

(d) of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard.

(4) In the event of any person to whom the notice is given making any representations (whether orally or in writing) to the Minister or to the authorised veterinary surgeon (as the case may be), the Minister or the authorised veterinary surgeon shall reconsider his decision to refuse, suspend or revoke in the light of those representations.

(5) In the event of any person to whom the notice is given being heard by the independent person, the Minister or the authorised veterinary surgeon shall reconsider his decision to refuse, suspend or revoke in the light of the findings of the independent person.

Savings provisions

12.—(1) Any licence issued by a local authority under the 1991 Regulations shall remain in force (subject to any conditions attached thereto) until its expiry date and until such time shall be valid throughout Great Britain.

(2) Any licence issued by a local authority under the 1974 Act or the 1980 Act that is in force on 31st March 1995 shall remain in force (subject to any conditions attached thereto) until the end of the period of 18 months following the date on which it was due to expire and until such time shall be valid throughout Great Britain.

Regulation 8

SCHEDULE 2 THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF SLAUGHTERHOUSES AND KNACKERS' YARDS

PART I REQUIREMENTS FOR ALL SLAUGHTERHOUSES AND KNACKERS' YARDS

General requirements for all slaughterhouses and knackers' yards

1.  The occupier of a slaughterhouse or knacker’s yard shall ensure that—

(a) its construction, facilities, equipment and operation are such as to spare animals any avoidable excitement, pain, injury or suffering;

(b) it has suitable equipment and facilities available for the purpose of unloading animals from means of transport, save that any occupier of a slaughterhouse or knacker’s yard which was in operation before 1st July 1994 need not comply with this requirement until 1st January 1996;

(c) there are no sharp edges or protrusions in the slaughterhouse or knacker’s yard with which any animal may come into contact;

(d) the place of slaughter or killing is sited in such a way as to minimise handling of the animal at any time up to the point of slaughter or killing;

(e) any instrument, restraining equipment, other equipment or installation which is used for stunning, slaughter or killing is designed, constructed and maintained so as to facilitate rapid and effective stunning, slaughter or killing in accordance with these Regulations; and

(f) for emergency use, suitable spare equipment and instruments for stunning, slaughter or killing are kept at the site within the slaughterhouse or knacker’s yard where stunning, slaughter or killing takes place and—

(i) such equipment and instruments are properly maintained and thoroughly inspected regularly by the occupier or by a competent person acting on his behalf in order to ensure that there is no defect in any of them; and

(ii) any defect found at any time in such equipment or instruments is rectified forthwith.

PART II ADDITIONAL REQUIREMENTS FOR SLAUGHTERHOUSES OR KNACKERS' YARDS TO WHICH ANIMALS ARE DELIVERED OTHER THAN IN CONTAINERS

Additional requirements for slaughterhouses or knackers' yards to which animals are delivered other than in containers

2.  In addition to requirements of paragraph 1 above, the occupier of a slaughterhouse or knacker’s yard to which animals are delivered other than in containers shall ensure that—

(a) any equipment for unloading such animals is of a suitable height and design for that purpose, has non-slip flooring and, if necessary, is provided with lateral protection;

(b) any bridge, ramp and gangway is fitted with sides, railings or some other means of protection to prevent animals falling off them;

(c) any exit and entry ramp has the minimum possible incline;

(d) all passageways are so constructed as to minimise the risk of injury to any animal and so arranged as to take account of the gregarious tendencies of the animals which use them; and

(e) where the slaughterhouse or knacker’s yard is one in which horses are slaughtered or killed, a separate room or bay is provided there for use for the slaughter or killing of horses.

Additional requirements relating to lairages other than field lairages

3.  The occupier of a slaughterhouse or knacker’s yard to which animals are delivered other than in containers shall ensure that—

(a) the slaughterhouse or knacker’s yard is equipped with a sufficient number of pens for adequate lairaging of the animals with protection from the effects of adverse weather conditions;

(b) any lairage has—

(i) a floor which minimises the risk of slipping and which does not cause injury to any animal which is in contact with it;

(ii) adequate ventilation to ensure that temperature, air relative humidity and ammonia levels are kept within limits that are not harmful to any animal, taking into account the extremes of temperature and humidity which may be expected;

(iii) where such ventilation is provided other than naturally, a replacement means of maintaining adequate ventilation available for use if the original source of ventilation fails;

(iv) adequate lighting (whether fixed or portable) to enable the animals to be thoroughly inspected at any time;

(v) where necessary, suitable equipment for tethering animals; and

(vi) drinking facilities and racks, mangers or other equipment adequate in number and size for the watering and feeding of all animals confined in the lairage, fixed where practicable, and so constructed and placed that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled; and

(c) where the lairage is one in which any horses are confined, the lairage contains at least one loose box which is so constructed as to minimise the danger of any horse injuring itself or any other animal confined in that lairage.

Additional requirements for field lairages

4.  The occupier of a slaughterhouse or knacker’s yard shall ensure that any field lairage—

(a) if it is without natural shelter or shade and is used during adverse weather conditions, has appropriate protection against such conditions for any animal using it;

(b) is maintained in such condition as to ensure that no animal is subjected to any physical, chemical or other health hazard;

(c) where necessary, has suitable equipment for tethering animals;

(d) has adequate lighting (whether fixed or portable) available to enable the animals to be thoroughly inspected at any time; and

(e) is provided with drinking facilities and, if necessary, with racks, mangers or other equipment adequate in number and size for the watering and feeding of all animals confined in the field lairage, fixed where practicable, and so constructed and placed that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled.

PART III SHACKLE LINES

Additional requirements for slaughterhouses containing shackle lines for birds

5.  Without prejudice to the generality of paragraph 1 above, the occupier of a slaughterhouse where birds are slaughtered or killed shall ensure that—

(a) any shackle line is designed and positioned in such a way that—

(i) any bird suspended on it is kept clear of any obstruction; and

(ii) disturbance is reduced to a minimum;

(b) the whole length of the shackle line up to the point of entry into the scald tank is immediately accessible to any person so that any bird may, if necessary, receive attention; and

(c) there is ready access to any processing equipment used for live birds and to any controls of such equipment.

Regulations 9(a) and 10(a)

SCHEDULE 3 REQUIREMENTS FOR ANIMALS AWAITING SLAUGHTER OR KILLING

PART I INTRODUCTORY

Interpretation

1.  In this Schedule “animal” means any soliped, ruminant, pig, rabbit or bird.

PART II REQUIREMENTS FOR ALL ANIMALS AWAITING SLAUGHTER OR KILLING

General requirements

2.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the movement of lairaging of animals shall ensure that—

(a) every animal is unloaded as soon as possible after its arrival and, if delay in unloading is unavoidable, it is protected from adverse weather conditions and is provided with adequate ventilation;

(b) when unloaded, every animal is protected from adverse weather conditions and is provided with adequate ventilation;

(c) if any animal has been subjected to high temperatures in humid weather, it is cooled by appropriate means;

(d) any animals which might injure each other on account of their species, sex, age or origin or for any other reason are kept and lairaged apart from each other;

(e) pending the slaughter or killing of any sick or disabled animal in the slaughterhouse or knacker’s yard, it is kept apart from any animal which is not sick or disabled; and

(f) no person drags any animal which has been stunned or killed over any other animal which has not been stunned or killed.

Inspection of animals

3.  The occupier of a slaughterhouse or knacker’s yard shall ensure that the condition and state of health of every animal is inspected at least every morning and evening by him or by a competent person acting on his behalf.

Slaughter or killing of animals which have experienced pain or suffering and unweaned animals

4.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the movement or lairaging of any animal shall ensure that—

(a) any animal which has experienced pain or suffering during transport or following its arrival at the slaughterhouse or knacker’s yard; and

(b) any animal which is too young to take solid feed,

is slaughtered or killed immediately.

Emergency slaughter and killing

5.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the movement of lairaging of any animal shall ensure that any animal which is unable to walk is not dragged to its place of slaughter or killing but—

(a) is slaughtered or killed where it lies; or

(b) if it is possible and to do so would not cause any unnecessary pain or suffering, is transported on a trolley or movable platform to a place of emergency slaughter or killing where it is then immediately slaughtered or killed.

PART III ADDITIONAL REQUIREMENTS FOR ANIMALS DELIVERED OTHER THAN IN CONTAINERS

Treatment of animals delivered other than in containers

6.  In addition to the requirements of Part II above, the occupier of a slaughterhouse or knacker’s yard and any person engaged in the movement of animals which are delivered other than in a container shall ensure that—

(a) care is taken not to frighten, excite or mistreat any animal;

(b) no animal is overturned;

(c) if any animal is not slaughtered or killed immediately on arrival at the slaughterhouse or knacker’s yard, it is lairaged; and

(d) no animal is taken to the place of slaughter or killing unless it can be slaughtered or killed without delay.

The lifting or dragging of animals

7.  No person shall lift or drag, or cause or permit to be lifted or dragged, any animal by the head, horns, ears, feet, tail, fleece or any other part of its body in such a way as to cause it unnecessary pain or suffering.

The driving of animals

8.  No person shall, in any slaughterhouse, knacker’s yard or lairage, lead or drive, or cause or permit to be led or driven, any animal over any ground or floor the nature or condition of which is likely to cause the animal to slip or fall.

Moving animals with care

9.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the movement of any animals shall ensure that every animal is moved with care and, when necessary, that animals are led individually.

Instruments for guiding animals

10.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the movement of any animal shall ensure that any instrument intended for guiding any animal is used solely for that purpose and only for short periods on individual animals.

Instruments to make animals move

11.  No person shall use, or cause or permit to be used, to make any animal move any instrument which administers an electric shock, except that such an instrument which has been designed for the purpose of making an animal move may be used on adult bovine animals and adult pigs which refuse to move, provided that—

(a) the shocks last no more than two seconds each and are adequately spaced out;

(b) the animal has room ahead of it in which to move; and

(c) such shocks are applied only to the muscles of the hindquarters.

Treatment of animals

12.—(1) No person shall strike, or apply pressure to, any particularly sensitive part of the body of any animal.

(2) Without prejudice to the generality of sub-paragraph (1) above, no person shall crush, twist or break the tail of any animal or grasp the eyes of any animal.

(3) No person shall inflict any blow or kick to any animal.

(4) No person shall cause or permit any animal to be treated in contravention of sub-paragraph (1), (2) or (3) above.

Lairaging of animals

13.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the lairaging of any animal shall ensure that—

(a) an adequate supply of suitable bedding material is provided for all animals kept in the lairage overnight, unless the lairage has a slatted or mesh floor;

(b) any animal which is kept in a lairage has drinking water available to it from appropriate facilities at all times;

(c) a sufficient quantity of wholesome food is provided for an animal on its arrival at the lairage and twice daily thereafter, except that no animal need be fed within 12 hours of the time at which it is slaughtered or killed;

(d) food is provided in a way which will permit the animals to feed without unnecessary disturbance;

(e) any animal which is lairaged untethered is able to lie down, stand up and turn round without difficulty; and

(f) any animal which is lairaged tethered is able to lie down and stand up without difficulty.

PART IV ADDITIONAL REQUIREMENTS FOR ANIMALS DELIVERED IN CONTAINERS

Handling of animals delivered in containers

14.  In addition to the requirements in Part II above, the occupier of a slaughterhouse and any person engaged in the movement of any animal delivered in any container shall ensure that—

(a) any container in which any such animal is transported is handled with care and is not thrown, dropped or knocked over;

(b) where possible, the container is loaded and unloaded horizontally and mechanically;

(c) any animal delivered in a container with a perforated or flexible bottom is unloaded with particular care in order to avoid injury; and

(d) where appropriate, animals are unloaded from the containers individually.

Slaughter or killing of animals delivered in containers

15.  The occupier of a slaughterhouse and any person engaged in the movement or handling of any animal shall ensure that—

(a) any animal which has been transported in a container is slaughtered or killed as soon as possible; and

(b) if slaughter or killing is delayed and if it is necessary—

(i) the animal has drinking water available to it from appropriate facilities at all times; and

(ii) a sufficient quantity of wholesome food is provided for the animal on its arrival at the lairage and twice daily thereafter, except that no animal need be fed within 12 hours of the time at which it is slaughtered or killed.

PART V ADDITIONAL REQUIREMENTS FOR BIRDS

Birds awaiting slaughter or killing at place of purchase

16.  The occupier or person in charge of any premises at which birds are offered or exposed for sale prior to being slaughtered or killed there shall ensure that, on arrival at the premises, the birds are forthwith—

(a) placed in accommodation in which they are able, without difficulty, to stand upright, turn around and stretch their wings; and

(b) provided with a sufficient supply of wholesome food and clean drinking water.

Regulations 9(b), 10(b) and 14(a)

SCHEDULE 4 RESTRAINT OF ANIMALS BEFORE STUNNING, SLAUGHTER OR KILLING

1.  In this Schedule “animal” means any soliped, ruminant, pig, rabbit or bird.

2.  No person shall stun, slaughter or kill, or cause or permit to be stunned, slaughtered or killed, any animal without restraining it in an appropriate manner in such a way as to spare it any avoidable pain, suffering, agitation, injury or contusions.

3.  Without prejudice to the generality of paragraph 2 above, no person shall—

(a) in any slaughterhouse, stun, or cause or permit to be stunned, any adult bovine animal, unless at the time it is stunned it is confined in a stunning pen or in a restraining pen which (in either case) is in good working order;

(b) in any knacker’s yard, stun, or cause or permit to be stunned, any adult bovine animal, unless at the time it is stunned it is either confined in a stunning pen which is in good working order or its head is securely fastened in such a position as to enable it to be stunned without the infliction of avoidable excitement, pain or suffering; or

(c) slaughter, or cause or permit to be slaughtered, by a religious method any bovine animal, as defined in paragraph 1(b)(ii) of Schedule 12, which is not stunned, or stunned and pithed, before slaughter unless that animal is restrained in accordance with paragraph 3 of Schedule 12.

4.  No person shall—

(a) place, or cause or permit to be placed, any adult bovine animal in a stunning pen; or

(b) fasten, or cause or permit to be fastened, the head of any adult bovine animal,

unless the person who is to stun the animal is ready to do so as soon as the animal is placed in the stunning pen or its head is fastened.

5.  No person shall tie, or cause or permit to be tied, the legs of any animal.

6.—(1) Subject to sub-paragraph (2) below, no person shall suspend, or cause or permit to be suspended, any animal before stunning or killing.

(2) The prohibition in sub-paragraph (1) above shall not apply in the case of birds which may be suspended for stunning or killing provided that—

(a) no bird is suspended in such a manner as to cause it avoidable pain or suffering;

(b) appropriate measures are taken to ensure that, at the point of being stunned or killed, the bird is in a sufficiently relaxed state for stunning or killing to be carried out effectively and without undue delay; and

(c) no bird is suspended for more than 6 minutes in the case of a turkey or 3 minutes in other cases before being stunned or killed.

(3) For the purposes of this paragraph, any animal which is held in a restraint system is not regarded as being suspended.

7.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the stunning or killing of any animal shall ensure that any animal which is to be stunned or killed by mechanical or electrical means applied to the head is presented in such a position that the equipment can be applied and operated easily, accurately and for the appropriate time.

8.  No person shall use, or cause or permit to be used, any electrical stunning or killing equipment or any other instrument which applies an electric current to animals—

(a) as a means of restraining any animal;

(b) as a means of immobilising any animal; or

(c) except in accordance with paragraph 11 of Schedule 3, as a means of making any animal move.

9.—(1) No person shall operate, or cause or permit to be operated, any shackle line unless—

(a) each bird suspended from it is kept clear of any object which may cause it avoidable excitement, pain or suffering, including when its wings are outstretched, until it is stunned;

(b) it is possible to relieve any avoidable excitement, pain or suffering which a bird suspended from a shackle appears to be suffering or to remove such a bird from the shackle; and

(c) the speed at which the shackle line is operated is such that any act or operation intended to be performed in relation to, or on, any bird suspended from it can be performed without undue haste and with proper regard for the welfare of the bird.

(2) No person shall, in connection with the slaughter or killing of any bird, use, or cause or permit to be used, any shackle line, machine or other equipment unless—

(a) there is ready access to any such equipment used on live birds and its controls; and

(b) except in an emergency to relieve suffering, it is used in connection with the slaughter or killing of birds of the type, size and weight for which it was designed.

Regulations 9(c), 10(c), 14(b), 15 and 16(b)

SCHEDULE 5 STUNNING OR KILLING OF ANIMALS OTHER THAN ANIMALS REARED FOR FUR

PART I INTRODUCTORY

Interpretation

1.  In this Schedule “animal” means any soliped, ruminant, pig, rabbit or bird.

General provision

2.  The occupier of a slaughterhouse or knacker’s yard and any person engaged in the stunning or killing of any animal shall ensure that any instrument, restraining equipment and other equipment, and any installation, which is used for stunning or killing is used in such a way as to facilitate rapid and effective stunning or killing in accordance with these Regulations.

PART II STUNNING

Stunning of animals

3.  No person shall stun, or cause or permit to be stunned, any animal unless it is possible to—

(a) bleed or pith it without delay and in accordance with Schedule 6; or

(b) kill it without delay and in accordance with Part III of this Schedule.

Permitted methods of stunning animals

4.  No person shall stun any animal, or cause or permit any animal to be stunned, except by one of the following methods—

(a) captive bolt;

(b) concussion; or

(c) electronarcosis.

Specific requirements for stunning by use of a captive bolt instrument

5.—(1) No person shall use, or cause or permit to be used, a captive bolt instrument to stun any animal unless—

(a) subject to sub-paragraph (3) below, the instrument is positioned and applied so as to ensure that the projectile enters the cerebral cortex; and

(b) the correct strength of cartridge or other propellant is used, in accordance with the manufacturer’s instructions, to produce an effective stun.

(2) No person shall shoot, or cause or permit to be shot, any bovine animal in the back of the head.

(3) No person shall shoot, or cause or permit to be shot, any sheep or goat in the back of its head, unless the presence of horns prevents use of the top or the front of its head, in which case it may be shot in the back of the head provided that—

(a) the shot is placed immediately behind the base of the horns and aimed towards the mouth; and

(b) bleeding is commenced within 15 seconds of shooting or the sheep or goat is killed within 15 seconds of shooting in accordance with Part III of this Schedule.

6.  Any person who uses a captive bolt instrument shall check that the bolt is retracted to its full extent after each shot and if it is not so retracted shall ensure that the instrument is not used again until it has been repaired.

Specific requirements for stunning by concussion

7.—(1) Subject to sub-paragraph (2) below, no person shall stun, or cause or permit to be stunned, by concussion any animal except by an instrument which is applied in the proper position and which is used with the correct strength of cartridge or other propellant, in accordance with the manufacturer’s instructions to produce an effective stun without fracture to the skull by administering a non-penetrative blow to the skull.

(2) Sub-paragraph (1) above shall not apply to small batches of rabbits, which may be stunned using a non-mechanical blow to the skull provided that the operation is carried out in such a way that the animal is immediately rendered unconscious and remains so until it is dead.

Specific requirements for stunning by electronarcosis — electrodes

8.  No person shall use, or cause or permit to be used, electrodes to stun any animal unless—

(a) the electrodes are so placed that they span the brain, enabling the current to pass through it;

(b) appropriate measures are taken to ensure that there is good electrical contact; and

(c) the strength and duration of the current used is such that the animal is immediately rendered unconscious and remains so until it is dead.

9.  No person shall use, or cause or permit to be used, electrodes to stun any animal individually unless the apparatus—

(a) incorporates a device which—

(i) measures the impedance of the load; and

(ii) prevents operation of the apparatus unless a current can be passed which is sufficient to render an animal of the species being stunned unconscious until it is dead;

(b) incorporates an audible or visible device indicating the length of time of its application to an animal; and

(c) is connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.

Specific requirements for stunning by electronarcosis — waterbath stunners

10.  No person shall use, or cause or permit to be used, a water bath stunner to stun any bird unless—

(a) the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with the bird’s head;

(b) the strength and duration of the current used is such that the bird is immediately rendered unconscious and remains so until it is dead;

(c) where poultry are stunned in groups in a waterbath, a voltage sufficient to produce a current strong enough to ensure that every bird is stunned is maintained; and

(d) appropriate measures are taken to ensure that the current passes efficiently, in particular that there are good electrical contacts and the shackle-to-leg contact is kept wet.

11.  No person shall use, or cause or permit to be used, any waterbath stunner unless—

(a) it is adequate in size and depth for the type of bird being slaughtered;

(b) it does not overflow at the entrance, or, if an overflow is unavoidable, measures are taken to ensure that no bird receives an electrical shock before it is stunned; and

(c) the electrode which is immersed in the water extends the length of the waterbath.

12.  No person shall use, or cause or permit to be used, any waterbath stunner unless a person is available to ascertain whether it has been effective in stunning the birds and who, where it has not been effective, will either stun and slaughter or kill any bird without delay.

PART III KILLING

Methods of killing animals

13.  No person shall kill, or cause or permit to be killed, any animal except by one of the following methods—

(a) free bullet;

(b) electrocution;

(c) for birds only, decapitation or dislocation of the neck; or

(d) exposure of pigs and birds to gas mixtures in accordance with Schedule 7.

Specific requirements for killing by electrocution

14.  No person shall kill, or cause or permit to be killed, any animal by electrocution unless—

(a) the strength and duration of the current used are sufficient to kill immediately an animal of that species; and

(b) the animal has been stunned in accordance with paragraph 5 or with paragraphs 8 and 9 or with paragraphs 10 and 11 above.

Regulations 9(d) and 14(c)

SCHEDULE 6 BLEEDING OR PITHING OF ANIMALS

1.  In this Schedule “animal” means any soliped, ruminant, pig, rabbit or bird.

2.—(1) The occupier of a slaughterhouse or knacker’s yard shall ensure that any animal that has been stunned before bleeding or pithing is bled or pithed without delay after it has been stunned.

(2) Any person engaged in the bleeding or pithing of any animal which has been stunned shall ensure that the animal is bled or pithed without delay after it has been stunned.

(3) In England and Wales no person shall bleed any bull, cow, heifer, steer, calf, sheep, goat or pig in a slaughterhouse, knacker’s yard or lairage within sight of any other such animal.

(4) Paragraph (3) above shall not apply in the case of any such animal which is slaughtered or killed in accordance with paragraph 5 of Schedule 3 (which relates to emergency slaughter and killing).

3.—(1) Subject to sub-paragraph (3) below, any person engaged in the bleeding of any animal that has been stunned shall ensure that—

(a) the bleeding is rapid, profuse and complete;

(b) the bleeding is completed before the animal regains consciousness; and

(c) the bleeding is carried out by severing at least one of the carotid arteries or the vessels from which they arise.

(2) Subject to sub-paragraph (3) below, after severance of at least one of the carotid arteries or the vessels from which they arise of any animal that has been stunned before bleeding, no person shall cause or permit any further dressing procedure or any electrical stimulation to be performed on the animal before the bleeding has ended and in any event not before the expiry of—

(a) in the case of a turkey or goose, a period of not less than 2 minutes;

(b) in the case of any other bird, a period of not less than 90 seconds;

(c) in the case of bovine animals, a period of not less than 30 seconds; and

(d) in the case of sheep, goats, pigs and deer, a period of not less than 20 seconds.

(3) Sub-paragraphs (1) and (2) above shall not apply to any animal which has been pithed.

4.—(1) Where one person is responsible for the stunning and pithing, or for the stunning, shackling, hoisting and bleeding, of animals other than birds or rabbits, or for some of those operations, such operations must be carried out by him consecutively in respect of one animal before being so carried out by him in respect of another animal.

(2) Where one person is responsible for the stunning and bleeding of birds or rabbits, those operations must be carried out by him consecutively in respect of one bird or rabbit before being so carried out by him in respect of another bird or rabbit.

Manual back up of automatic machinery

5.—(1) The occupier of a slaughterhouse shall ensure that no bird is slaughtered by means of automatic neck cutters unless, whenever the neck cutters are operated, a person is present who is able to ascertain whether or not the neck cutters have effectively severed at least one of the carotid arteries or the vessels from which they arise.

(2) In the event of the machinery not being effective in severing at least one of the carotid arteries or the vessels from which they arise, the occupier of the slaughterhouse in which the neck cutters are situated shall ensure that the bird is slaughtered or killed immediately.

Regulation 11

SCHEDULE 7 KILLING PIGS AND BIRDS BY EXPOSURE TO GAS MIXTURES

PART I GENERAL

Scope

1.  This Schedule shall apply only to pigs and birds.

Interpretation

2.  In this Schedule “bird” means any domestic fowl or turkey.

PART II THE KILLING OF PIGS BY EXPOSURE TO CARBON DIOXIDE

The killing of pigs by exposure to carbon dioxide

3.—(1) Subject to paragraphs 4 to 6 below, pigs may be killed at a slaughterhouse by exposure to carbon dioxide gas mixture in a chamber provided for the purpose (hereinafter referred to as “a chamber”).

(2) For the purposes of this Part, a carbon dioxide gas mixture (hereinafter referred to as the “gas mixture”) shall mean at least 70% carbon dioxide by volume in atmospheric air.

Construction of the chamber

4.  The occupier of a slaughterhouse at which a chamber is used shall ensure that—

(a) the chamber and the equipment used for conveying any pig through the gas mixture are designed, constructed and maintained—

(i) so as to avoid injury to any pig;

(ii) so as to avoid compression of the chest of any pig;

(iii) so as to enable each pig to remain upright until it loses consciousness;

(iv) so as to enable the pigs to see each other as they are conveyed in the chamber; and

(v) so that once a pig enters the chamber, it is conveyed to the point in the chamber of maximum concentration of the gas mixture within a maximum period of 30 seconds;

(b) there is a means of visually monitoring pigs which are in the chamber;

(c) adequate lighting is provided in the conveying mechanism and the chamber to allow pigs to see other pigs or their surroundings;

(d) the installation has an apparatus which maintains the required concentration by volume of carbon dioxide in the gas mixture in the chamber;

(e) the chamber is fitted with devices which—

(i) measure the concentration by volume of carbon dioxide in the gas mixture at the point of maximum exposure;

(ii) when the chamber is in operation, continuously display the concentration by volume of carbon dioxide as a percentage of the gas mixture at the point of maximum concentration in the chamber; and

(iii) give clearly visible and audible warning signals if the concentration by volume of carbon dioxide falls below 70%;

(f) there is a means of flushing the chamber with atmospheric air with the minimum of delay; and

(g) there is a means of access to any pig with the minimum of delay.

The operation of the chamber

5.  The occupier of a slaughterhouse at which a chamber is used shall ensure that—

(a) each pig is exposed to the gas mixture for long enough to ensure that it is killed;

(b) any such chamber is properly maintained; and

(c) every person engaged in the killing is properly instructed as to—

(i) the method of operation of the chamber;

(ii) the procedures for any necessary flushing of the chamber with atmospheric air; and

(iii) the procedures for any necessary evacuation of pigs from the chamber.

6.  The occupier of a slaughterhouse at which a chamber is used and any person engaged in the killing of pigs by exposure to carbon dioxide shall ensure that—

(a) no pig enters the chamber if the displayed concentration by volume of carbon dioxide in the gas mixture falls below 70%; and

(b) no pig is passed through or allowed to remain in the chamber at any time when the visible and audible warning signals provided for in paragraph 4(e)(iii) above have been activated or when there is any defect in the operation of the chamber.

PART III KILLING BIRDS BY EXPOSURE TO GAS MIXTURES

The killing of birds by exposure to gas mixtures

7.—(1) Subject to paragraphs 8 to 10 below, birds may be killed at a slaughterhouse by exposure to an anoxic gas mixture which rapidly renders birds insensible to pain or distress in a chamber provided for the purpose (hereinafter referred to as “a chamber”).

(2) In this Part “gas mixture” means either—

(a) a maximum of 2% total oxygen by volume and 90% argon (or other inert gas) by volume in atmospheric air; or

(b) 25% to 30% carbon dioxide by volume and 60% argon (or other inert gas) by volume in atmospheric air.

Construction of the chamber

8.  The occupier of a slaughterhouse at which a chamber is used shall ensure that—

(a) the chamber and the equipment used for conveying any bird through the gas mixture are designed, constructed and maintained—

(i) so as to avoid injury to any bird; and

(ii) so that once a bird enters into the chamber it is conveyed to the point in the chamber of maximum concentration of the gas mixture within a maximum period of 10 seconds;

(b) the installation has an apparatus which maintains the required concentration by volume of oxygen or carbon dioxide, as appropriate, in the chamber;

(c) the chamber is fitted with devices which—

(i) measure the concentration by volume of oxygen or carbon dioxide in the gas mixture, as appropriate, at the point of maximum concentration;

(ii) when the chamber is in operation, display continuously the concentration by volume of oxygen or carbon dioxide, as appropriate, as a percentage of the total gas mixture at the point of maximum concentration in the chamber; and

(iii) give clearly visible and audible warning signals—

(aa) where the gas mixture used is that mentioned at paragraph 7(2)(a) above, if the concentration by volume of oxygen rises above 5% for more than 30 seconds; and

(bb) where the gas mixture used is that mentioned at paragraph 7(2)(b) above, if the concentration by volume of carbon dioxide falls below 25% or rises above 30%.

(d) there is a means of visually monitoring birds which are in the chamber;

(e) there is a means of flushing the chamber with atmospheric air with the minimum delay; and

(f) there is a means of access to any bird in any part of the chamber with the minimum of delay.

The operation of the chamber

9.  The occupier of a slaughterhouse at which a chamber is used shall ensure that—

(a) the birds are exposed to the gas mixture for long enough to ensure that they are killed;

(b) the chamber is properly maintained; and

(c) every person engaged in the gas killing is properly instructed as to—

(i) the method of operation of the chamber;

(ii) the procedures for any necessary flushing of the chamber with atmospheric air; and

(iii) the procedures for any necessary evacuation of birds from the chamber.

10.  The occupier of a slaughterhouse at which a chamber is used and any person engaged in the killing of birds by exposure to the gas mixture shall ensure that—

(a) any bird which arrives at the installation in a transport crate and which is removed from the crate before it enters the chamber is handled with care and in such a way that the bird is not caused avoidable pain or suffering;

(b) no bird enters the chamber if, as appropriate—

(i) the displayed concentration of oxygen is above 2% by volume, except that the concentration of oxygen may occasionally rise to a concentration of not more than 5% by volume for not more than 30 seconds; or

(ii) the displayed concentration of carbon dioxide is below 25% by volume or above 30% by volume;

(c) no bird is passed through or allowed to remain in the chamber at any time when the visible and audible warning signals provided for in paragraph 8(c)(iii) above have been activated or when there is any defect in the operation of the chamber; and

(d) no bird is shackled before it is dead.

Regulation 12

SCHEDULE 8 ADDITIONAL PROVISIONS FOR THE SLAUGHTER OR KILLING OF HORSES IN SLAUGHTERHOUSES AND KNACKERS' YARDS

1.  Subject to paragraph 3 below, no person shall slaughter or kill, or cause or permit to be slaughtered or killed, any horse in a slaughterhouse or knacker’s yard except in a room or a bay which has been provided for the slaughter or killing of horses by the occupier of the slaughterhouse or knacker’s yard in accordance with paragraph 2(e) of Schedule 2 (which relates to additional provisions for horses).

2.  Subject to paragraph 3 below, no person shall slaughter or kill, or cause or permit to be slaughtered or killed, any horse in a slaughterhouse or knacker’s yard—

(a) in a room or bay in which there are the remains of a horse or other animal; or

(b) within sight of any other horse.

3.  Paragraphs 1 and 2 above shall not apply in the case of a horse slaughtered or killed in accordance with paragraph 5 of Schedule 3 (which relates to emergency slaughter and killing).

Regulation 17

SCHEDULE 9 SLAUGHTER OR KILLING METHODS FOR THE PURPOSE OF DISEASE CONTROL

Interpretation

1.  In this Schedule—

“animal” means any soliped, ruminant, pig, rabbit or bird; and

“disease control” means the control by the Minister of any disease which is notifiable by or under the provisions of the Animal Health Act 1981.

Permitted methods of slaughtering or killing animals for the purpose of disease control

2.  No person shall slaughter or kill any animal for the purpose of disease control, or cause or permit any animal to be slaughtered or killed for that purpose, except by one of the following methods—

(a) free bullet;

(b) electrocution;

(c) exposure to carbon dioxide or to a lethal concentration of other gases or gas mixtures;

(d) for rabbits and birds, dislocation of the neck;

(e) captive bolt, provided that—

(i) the animal is either pithed or the blood vessels in its neck are severed without delay afterwards and in any event before the animal regains consciousness; and

(ii) apart from the requirements in (i) above, nothing more is done to the animal before it has been ascertained that the animal is dead; or

(f) lethal injection of—

(i) a drug with anaesthetic properties which causes rapid loss of consciousness followed by death; or

(ii) any other compound if preceded by the induction of anaesthesia.

Specific requirements for killing for the purpose of disease control by electrocution

3.  No person shall kill any animal for the purposes of disease control by electrocution, or cause or permit any animal to be so killed, unless—

(a) the strength and duration of the current used are sufficient to kill immediately an animal of that species; and

(b) the animal has been stunned in accordance with paragraph 5, or with paragraphs 8 and 9, or with paragraphs 10 and 11 of Schedule 5.

Specific requirements for stunning by use of a captive bolt instrument

4.—(1) No person shall use, or cause or permit to be used, a captive bolt instrument to stun any animal prior to its slaughter or killing for the purpose of disease control unless—

(a) subject to sub-paragraph (3) below, the instrument is positioned so as to ensure that the projectile enters the cerebral cortex; and

(b) the instrument is applied in the proper position and the correct strength of cartridge or other propellant is used, in accordance with the manufacturer’s instructions, to produce an effective stun.

(2) No person shall shoot, or cause or permit to be shot, any bovine animal in the back of the head.

(3) No person shall shoot, or cause or permit to be shot, any sheep or goat in the back of its head, unless the presence of horns prevents use of the top or the front of its head, in which case it may be shot in the back of the head provided that—

(a) the shot is placed immediately behind the base of the horns and aimed towards the mouth; and

(b) bleeding is commenced within 15 seconds of shooting or the sheep or goat is killed within 15 seconds of shooting in accordance with Part III of Schedule 5.

5.  Any person who uses a captive bolt instrument shall check that the bolt is retracted to its full extent after each shot and if it is not so retracted shall ensure that the instrument is not used again until it has been repaired.

Regulation 18

SCHEDULE 10 METHODS OF KILLING FOX AND MINK

Application

1.  This Schedule shall apply only to the killing of fox and mink which are farmed for their fur.

Killing fox which is farmed for its fur

2.  No person shall kill, or cause or permit to be killed, any fox which is farmed for its fur, except by administering to the fox a lethal injection of a drug which has anaesthetic properties and which causes a rapid loss of consciousness followed by death.

Killing mink which is farmed for its fur

3.  No person shall kill, or cause or permit to be killed, any mink which is farmed for its fur, except by one of the following methods—

(a) a lethal injection of a drug with anaesthetic properties;

(b) exposure to carbon monoxide; or

(c) exposure to carbon dioxide.

Specific requirements for killing mink by a lethal injection of a drug with anaesthetic properties

4.  No person shall kill, or cause or permit to be killed, any mink which is farmed for its fur except by administering to the mink a lethal injection of a drug which has anaesthetic properties and which causes a rapid loss of consciousness followed by death.

Specific requirements for killing mink by exposure to carbon monoxide

5.  No person shall kill, or cause or permit to be killed, any mink by exposure to carbon monoxide unless—

(a) the chamber in which the mink is exposed to the gas is designed, constructed and maintained in such a way as to—

(i) avoid injury to the mink; and

(ii) allow the mink to be supervised;

(b) the mink is introduced into the chamber only after the chamber has been filled with a concentration of carbon monoxide of at least 1% by volume, supplied by a source of 100% carbon monoxide;

(c) gas produced by an engine specially adapted for that purpose is used only if—

(i) the gas used has been suitably cooled and sufficiently filtered and is free from any irritant matter or irritant gas; and

(ii) no mink is placed in the chamber until the concentration of carbon monoxide has reached at least 1% by volume;

(d) the gas induces deep general anaesthesia when inhaled and then causes certain death; and

(e) the mink remains in the chamber until it is dead.

Specific requirements for killing mink by exposure to carbon dioxide

6.  No person shall kill, or cause or permit to be killed, any mink by exposure to carbon dioxide unless—

(a) the chamber in which the mink is exposed to the gas is designed, constructed and maintained in such a way as to—

(i) avoid injury to the mink; and

(ii) allow the mink to be supervised;

(b) the mink is introduced into the chamber only when the atmosphere contains the highest possible concentration of carbon dioxide supplied by a source of 100% carbon dioxide;

(c) the gas induces deep general anaesthesia when inhaled and then causes certain death; and

(d) the mink remains in the chamber until it is dead.

Regulation 19

SCHEDULE 11 KILLING OF SURPLUS CHICKS AND EMBRYOS IN HATCHERY WASTE

Permitted methods of killing surplus chicks

1.  No person shall kill, or cause or permit to be killed, any surplus chick except by one of the following methods—

(a) use of a mechanical apparatus producing immediate death;

(b) exposure to gas mixtures; or

(c) dislocation of the neck.

Specific requirements for killing surplus chicks by use of a mechanical apparatus producing immediate death

2.  No person shall use, or cause or permit to be used, any mechanical apparatus to kill any surplus chick unless—

(a) the apparatus contains rapidly rotating mechanically operated killing blades or projections; and

(b) the capacity of the apparatus is sufficient to ensure that every chick is killed immediately.

Specific requirements for killing surplus chicks by exposure to gas mixtures

3.—(1) No person shall kill, or cause or permit to be killed, any surplus chick by exposure to a gas mixture unless the chick is placed in the gas mixture and it remains in the gas mixture until it is dead.

(2) In this paragraph “gas mixture” means—

(a) an atmosphere with the highest obtainable concentration of carbon dioxide, supplied by a source of 100% carbon dioxide;

(b) a maximum of 2% oxygen by volume and 90% argon (or other inert gas) by volume in atmospheric air; or

(c) 25% to 30% carbon dioxide by volume and 60% argon (or other inert gas) by volume in atmospheric air.

Specific reqirements for killing surplus chicks by dislocation of the neck

4.  No person shall kill, or cause or permit to be killed, any surplus chick by dislocation of the neck unless the dislocation is accompanied by the severance of the spinal cord and blood vessels in the chick’s neck.

Permitted method of killing embryos in hatchery waste

5.  No person shall kill, or cause or permit to be killed, any embryo in hatchery waste, except by use of a mechanical apparatus producing immediate death.

Specific requirements for killing embryos in hatchery waste by use of a mechanical apparatus producing immediate death

6.  No person shall use, or cause or permit to be used, any mechanical apparatus to kill any embryo in hatchery waste unless—

(a) the apparatus contains rapidly rotating mechanically operated killing blades or projections; and

(b) the capacity of the apparatus is sufficient to ensure that every embryo is killed immediately.

Regulations 21 and 22

SCHEDULE 12 ADDITIONAL PROVISIONS FOR SLAUGHTER BY A RELIGIOUS METHOD

PART I GENERAL

Interpretation

1.  In this Schedule—

(a) “animal” means any sheep, goat or bovine animal;

(b) “bovine animal” means—

(i) in sub-paragraph (a) above and paragraph 7(b) below, any ox, bullock, cow, heifer, steer or calf; and

(ii) elsewhere, any ox, bullock, cow, heifer or steer or any calf which is too large to be restrained manually for slaughter on a cradle or table; and

(c) “bird” means any turkey, domestic fowl, guinea-fowl, duck, goose or quail.

Slaughter by a religious method

2.  In this Schedule references to slaughter by a religious method are references to slaughter without the infliction of unnecessary suffering—

(a) by the Jewish method for the food of Jews by a Jew who holds a licence in accordance with Schedule 1 (which relates to the licensing of slaughtermen) and who is duly licensed—

(i) in England and Wales by the Rabbinical Commission referred to in Part IV of this Schedule; or

(ii) in Scotland by the Chief Rabbi; or

(b) by the Muslim method for the food of Muslims by a Muslim who holds a licence in accordance with Schedule 1.

PART II PROVISIONS RELATING TO THE SLAUGHTER OF ANIMALS BY A RELIGIOUS METHOD

Slaughter of bovine animals by a religious method

3.—(1) Subject to sub-paragraph (3) below, no person shall slaughter, or cause or permit to be slaughtered, any bovine animal in a slaughterhouse by a religious method unless the animal is in an upright position in a restraining pen which has been approved by the Minister and which the Minister is satisfied has been installed in such a manner as to ensure that it will operate efficiently.

(2) The Minister may, for the purposes of sub-paragraph (1) above, give his approval to a restraining pen, but he shall not give any such approval unless he is satisfied that the pen is of such a size and design, and is able to be so operated, as to protect a bovine animal from any avoidable pain, suffering, agitation, injuries or contusions while confined in it or while entering it and, in particular, unless he is satisfied that the pen—

(a) contains an effective means of restraining any bovine animal confined in it (including a suitable head restraint for that purpose); and

(b) contains means of support which will take the weight of the animal during and following slaughter in it.

(3) Sub-paragraphs (1) and (2) above shall not apply where the bovine animal is stunned, or stunned and pithed, before slaughter, but in such cases any bovine animal shall be restrained before stunning in accordance with paragraph 3(a) of Schedule 4.

Use and maintenance of restraining pens

4.  The occupier of a slaughterhouse in which there is a restraining pen shall ensure that—

(a) the means of restraining and supporting a bovine animal confined in such a pen described in paragraph 3(2)(a) and (b) above are used in respect of any bovine animal confined in it;

(b) the pen is kept in good working order; and

(c) if it has been modified after it has been approved by the Minister, the pen is not used again until a fresh approval is given by the Minister.

Handling of animals during slaughter

5.  The occupier of a slaughterhouse where animals are slaughtered by a religious method and any person engaged in the slaughter of any animal by a religious method shall ensure that—

(a) no bovine animal is placed in a restraining pen unless the person who is to carry out the slaughter is ready to make the incision immediately the bovine animal is placed in the pen;

(b) no animal is shackled or hoisted until the appropriate period referred to in paragraph 7 below has elapsed and unless the animal is unconscious;

(c) any sheep or goat, or any calf which is small enough to be restrained manually on a cradle or table, is slaughtered only on a cradle or table and that only one such animal is placed on the cradle or table at any one time; and

(d) where the slaughter is carried out in a slaughterhouse, a captive bolt instrument is kept close to the restraining pen, cradle or table for use in case of emergency and is immediately used where the animal is subjected to any avoidable pain, suffering or agitation or has any injuries or contusions.

Method of slaughter

6.  Any person who slaughters by a religious method any animal which has not been stunned before bleeding shall—

(a) before each animal is slaughtered, inspect the knife to be used and ensure that it is not used unless it is undamaged and of sufficient size and sharpness to be capable of being used to slaughter the animal in the manner described in sub-paragraph (b) below; and

(b) ensure that each animal is slaughtered by the severance, by rapid, uninterrupted movements of a knife, of both its carotid arteries and both its jugular veins.

Handling animals after slaughter by a religious method

7.  The occupier of a slaughterhouse in which animals are slaughtered by a religious method and any person engaged in the slaughter by a religious method of any animal shall ensure that where the animal has not been stunned, or stunned and pithed, before bleeding it is not moved until it is unconscious and in any event not before the expiry of—

(a) in the case of any sheep or any goat, a period of not less than 20 seconds; and

(b) in the case of any bovine animal, a period of not less than 30 seconds,

after it has been slaughtered in the manner described in paragraph 6 above.

Slaughter by a religious method elsewhere than in a slaughterhouse

8.  No person shall slaughter any animal by a religious method, or cause or permit any animal to be so slaughtered, elsewhere than in a slaughterhouse unless the slaughter is carried out in the presence of an authorised person.

PART III PROVISIONS RELATING TO THE SLAUGHTER OF BIRDS BY A RELIGIOUS METHOD

Slaughter of birds by a religious method

9.  Any person who slaughters by a religious method any bird which has not been stunned before slaughter shall ensure that—

(a) each bird is slaughtered by the severance, by rapid and uninterrupted movements of a knife, of its carotid arteries; and

(b) the knife to be used for the slaughtering of the birds is undamaged and of sufficient size and sharpness to enable each bird to be slaughtered in the manner described in sub-paragraph (a) above.

Handling birds after slaughter by a religious method

10.  The occupier of a slaughterhouse in which birds are slaughtered by a religious method and any person engaged in the slaughter of any bird by a religious method shall ensure that, where the bird has not been stunned before bleeding, no further dressing procedure or any electrical stimulation is performed on the bird before it is unconscious and in any event not before the expiry of—

(a) in the case of a turkey or goose, a period of not less than 2 minutes; and

(b) in the case of any other bird, a period of not less than 90 seconds, after it has been slaughtered in the manner described in paragraph 9 above.

PART IV THE RABBINICAL COMMISSION FOR THE LICENSING OF SHOCHETIM

Membership

11.  The Rabbinical Commission for the licensing of Shochetim (in this Part referred to as “the Commission”) shall consist of a permanent chairman and nine other members.

12.  The Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth shall, by virtue of his office, be the permanent chairman of the Commission.

13.  Of the members of the Commission other than the permanent chairman—

(a) one, who shall be a vice-chairman, shall be appointed by the Spanish and Portuguese Synagogue (London);

(b) three shall be appointed by the Beth Din appointed by the United Synagogue (London);

(c) two shall be appointed by the Federation of Synagogues (London);

(d) one shall be appointed by the Union of Orthodox Hebrew Congregations (London); and

(e) two shall be appointed by the president for the time being of the London committee of deputies of British Jews to represent provincial congregations.

Supplementary provisions

14.  The functions of the Commission shall be exercisable notwithstanding any vacancy amongst the members thereof.

15.  The quorum of the Commission shall be four.

Regulation 28(1)

SCHEDULE 13 REPEALS

Column 1	Column 2	Column 3
Chapter	Title	Extent of repeal
1967 c. 24	Slaughter of Poultry Act 1967	Sections 1 and 2.
1974 c. 3	Slaughterhouses Act 1974	Section 36. Section 37. Section 38(4). Section 39. Section 40. Subsections (2) and (3) of section 43. Schedules 1 and 2.
1980 c. 13	Slaughter of Animals (Scotland) Act 1980	In section 7(3), the words “under sections 9 and 20 of this Act”. Section 10. Section 11. Section 12. In section 14(1), the words from “the provisions” to “or of” and the words from “, or by” to “10(1) of,”. Section 15. Section 16. In section 17, the words from “in” to “Act”. Section 18. In section 20, the words “, 10 or 16”. In section 21, the words “, 15 or”.
1984 c. 40	Animal Health and Welfare Act 1984	Section 5. Section 17(4). In Schedule 1, in paragraph 1, sub-paragraphs (2), (3) and (4). In Schedule 1, paragraph 2.
1991 c. 30	Welfare of Animals at Slaughter Act 1991	Section 2. Section 3.
1994 c. 40	Deregulation and Contracting Out Act 1994	In Schedule 9, in paragraph 2(1), paragraphs (a), (c) and (d), and in paragraph 3(1), paragraphs (b), (d) and (e).

Regulation 28(2)

SCHEDULE 14 AMENDMENTS OF ENACTMENTS AND REGULATIONS

Firearms Act 1968 (c. 27)

1.  In section 10(1) of the Firearms Act 1968 (slaughter of animals), for the words “section 39 of the Slaughterhouses Act 1974 or section 15 of the Slaughter of Animals (Scotland) Act 1980” there shall be substituted “the Welfare of Animals (Slaughter or Killing) Regulations 1995 to slaughter horses, cattle, sheep, swine or goats”.

Slaughterhouses Act 1974 (c. 3)

2.—(1) In subsections (2)(c) and (3) of section 2 of the Slaughterhouses Act 1974 (slaughterhouse licences and applications for such licences), the words “under section 38 below” shall cease to have effect.

(2) In section 4(3) of that Act (knacker’s yard licences and applications for such licences), the words “under section 38 below” shall cease to have effect.

(3) In section 16(1)(c) of that Act (management of public slaughterhouses), for the words “Part II of this Act, animals to which section 36 below applies” there shall be substituted “the Welfare of Animals (Slaughter or Killing) Regulations 1995, horses (including hinnies, asses and mules), cattle, sheep, swine or goats”.

(4) In section 38(1) of that Act (regulations for securing humane conditions of slaughter in slaughterhouses and knackers' yards), for the words “animals to which section 36 above applies” (in both places where they appear) there shall be substituted “horses, cattle, sheep, swine or goats”.

Slaughter of Animals (Scotland) Act 1980 (c. 13)

3.—(1) The Slaughter of Animals (Scotland) Act 1980 shall be amended as follows.

(2) In section 9 (securing humane conditions in slaughterhouses and knackers' yards)—

(a) in subsection (3), for the words from “those” to “Act” substitute “a fine of level 3 on the standard scale or imprisonment for a term of six months or both”; and

(b) after subsection (3) add—

“(4) Where a person convicted of an offence against regulations made under this section is—

(a) registered in respect of premises under section 4; or

(b) the holder of a licence granted under section 6,

of this Act, the court may, where such registration or licence relates to premises where the offence was committed, in addition to any other penalty cancel the registration or the licence as the case may be.”.

(3) In section 19(1) (enforcement), for the words from “(i) sections” to “section 10” substitute “sections 7 and 14, and any regulations made under section 9”.

(4) In section 19A (code of practice)—

(a) in subsection (1)—

(i) in paragraph (a)(i), for the words “10 and 12 to 16” substitute “13 and 14”; and

(ii) in paragraph (a)(ii), for the words “any of those sections” substitute “section 9 of this Act”; and

(b) in subsection (7)—

(i) in paragraph (a), for the words “10 and 12 to 16” substitute “13 and 14”; and

(ii) in paragraph (b), for the words “any of those sections” substitute “section 9 of this Act”.

(5) In section 20 (regulations), for “Any” substitute “The”.

Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539)

6.—(1) In regulation 2 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 the definition of “the Humane Conditions Regulations” shall cease to have effect.

(2) In regulation 7(2)(b) of the said regulations, for the words “regulation 21 or, in Scotland, 11 of the Humane Conditions Regulations (animals in pain etc.)” there shall be substituted “paragraph 2(e), 4 or 5 of Schedule 3 to the Welfare of Animals (Slaughter or Killing) Regulations 1995”.

(3) In regulation 12(4) and in paragraph 2 of Schedule 8 of the said Regulations, for the words “regulation 21 or, in Scotland, 11 of the Humane Conditions Regulations” there shall be substituted “paragraph 2(e), 4 or 5 of Schedule 3 to the Welfare of Animals (Slaughter or Killing) Regulations 1995”.

Regulation 28(3)

SCHEDULE 15 REVOCATIONS

Column 1	Column 2
Regulations revoked	References
The Slaughter of Pigs (Anaesthesia) Regulations 1958	S.I. 1958/1971
The Slaughter of Pigs (Anaesthesia) (Amendment) Regulations 1984	S.I. 1984/1310
The Slaughter of Poultry (Humane Conditions) Regulations 1984	S.I. 1984/2056
The Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990	S.I. 1990/1240
The Slaughter of Animals (Humane Conditions) Regulations 1990	S.I. 1990/1242
The Slaughter of Poultry (Humane Conditions) (Amendment) Regulations 1990	S.I. 1990/1243
The Slaughter of Poultry (Licences and Specified Qualifications) Regulations 1991	S.I. 1991/1676

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, give effect to the provisions of Council Directive 93/119/EC on the protection of animals at time of slaughter or killing (OJ No. L 340, 31.12.93, p. 21). They revoke and replace the regulations specified in Schedule 15.

The Regulations apply to the movement, lairaging, restraint, stunning, slaughter and killing of animals bred and kept for the production of meat, skin, fur or other products, to the killing of animals for the purpose of disease control and to the killing of surplus chicks and embryos in hatchery waste (regulation 3(1)), subject to exceptions for acts done lawfully under the Animals (Scientific Procedures) Act 1986 (regulation 3(2)), sporting events (regulation 3(3)) and wild game (regulation 3(4)). The Regulations—

(a) provide for the licensing of slaughtermen by Ministers (regulation 4(1) and Schedule 1);

(b) prevent persons from engaging in the lairaging, restraint, stunning, slaughter or killing of animals without the necessary knowledge and skill (regulation 4(2));

(c) prohibit persons engaged in the lairaging, restraint, stunning, slaughter or killing of animals from causing any avoidable excitement, pain or suffering to any animal (regulation 4(3));

(d) require occupiers of slaughterhouses or knackers' yards to ensure (i) that there is a person available who has authority to take whatever action may be necessary to safeguard the welfare of any live animals on the premises (regulation 5), and (ii) that any person who is engaged in activities governed by these Regulations is acquainted with the legislation and welfare codes which are relevant to those activities and, where necessary, is licensed (regulation 6);

(e) provide powers for Ministers to make statutory codes of practice (regulation 7);

(f) specify the construction, equipment and maintenance requirements for slaughterhouses and knackers' yards (regulation 8 and Schedule 2);

(g) regulate the movement and lairaging of solipeds, ruminants, pigs, rabbits and poultry (regulations 9(a) and 10(a) and Schedule 3);

(h) regulate the restraint of solipeds, runminants, pigs, rabbits and poultry in slaughterhouses and knackers' yards (regulations 9(b) and 10(b) and Schedule 4) and elsewhere (regulation 15(a) and Schedule 4);

(i) regulate the stunning and killing of solipeds, ruminants, pigs, rabbits and poultry in slaughterhouses and knackers' yards (regulations 9(c) and 10(c) and Schedule 4) and elsewhere (regulations 14 and 15(b) and Schedule 4);

(j) regulate the bleeding and pithing of solipeds, ruminants, pigs, rabbits and poultry in slaughterhouses and knackers' yards (regulation 10(d) and Schedule 6) and elsewhere (regulation 15(c) and Schedule 6);

(k) regulate the killing of pigs or birds by exposure to gas mixtures (regulation 11 and Schedule 7);

(l) specify additional conditions for the slaughter or killing of horses (regulation 12 and Schedule 8);

(m) provide for slaughter or killing for private consumption (regulation 16);

(n) regulate the slaughter or killing of animals for the purpose of disease control (regulation 17 and Schedule 9);

(o) regulate the killing of fox and mink which are farmed for their fur (regulation 18 and Schedule 10);

(p) regulate the killing of surplus chicks and embryos in hatchery waste (regulation 19 and Schedule 11);

(q) require occupiers of premises where birds are kept for slaughter at the place of purchase to ensure that the birds' accommodation gives them enough room and that the birds are fed and watered (regulation 20);

(r) regulate slaughter by a religious method (regulations 21 and 22 and Schedule 12);

(s) specify the powers of authorised persons (regulation 23), create offences and prescribe penalties (regulations 24 to 26) and provide a defence for emergency acts (regulation 27);

(t) make repeals, revocations and amendments (regulation 28 and Schedules 13 to 15).

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey, KT6 7NF.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

1986 c. 14.

(4)

OJ No. L 340, 31.12.93, p. 21.

(5)

1967 c. 24.

(6)

1974 c. 3.

(7)

1980 c. 13.

(8)

S.I. 1991/1676.

(9)

Section 1(1) of the Protection of Animals (Amendment) Act 1954 (c. 40) was amended by section 1(1) of the Protection of Animals (Amendment) Act 1988 (c. 29).

(10)

1981 c. 22.

(11)

1968 c. 34.